Officers warned not to fall foul of data protection laws

POLICE officers are persistently falling foul of data protection laws and ending up either in court or at a misconduct hearing, the Police Federation of England and Wales has warned.

“Computer misuse is a serious issue and if officers commit data protection breaches – outside of lawful policing purposes – they are likely to face very significant penalties,” the PFEW said.

Technology such as the Police National Computer (PNC) and Automatic Number Plate Recognition (ANPR) is increasingly being used by officers for non-work related reasons.

Andy Ward, the Federation’s Deputy General Secretary and Head of Crime and Misconduct Claims, said: “We’re seeing about two cases a week involving data protection breaches. In the majority of cases, the officer thinks that they are doing it for the right reasons – they’re either looking into family members, friends, neighbours or others they know, often because they are concerned about those individuals or people close to them.”

But even if the officer thinks that they are taking the moral high ground, their actions are landing them in trouble, added PFEW.

Mr Ward said: “If officers have concerns about people they know, or if they are approached to access the PNC for a friend, then there are ways of dealing with these issues without breaking the law.

“Officers need to distance themselves, and raise the concerns in the first instance to their supervisor who will decide on the best course of action and, if they are for lawful policing purposes, may be able to conduct intelligence searches on their behalf, or pass it on to someone who can.

“What they should not do, for example, is take the law into their own hands and look up their ex-wife’s new boyfriend themselves – even if it is because they are worried about the safety of their children – or find out who owns the car parked across the street. Those types of actions are only likely to lead them into serious trouble.”

Adrian Smiles, Vice-Chair and Discipline lead for Northumbria Police Federation, added: “Officers should know they cannot review or initiate checks on the PNC or any other police-related computer systems for any reason that is not work-related. This is especially true for checks on family, friends or neighbours.

“We would expect all our members to know that; but people are still falling foul of the rules. If you are thinking of misusing the PNC or police systems, don’t.

“If you have a genuine concern about a person, a vehicle or premises that are not directly attributable to your role in your Area Command or Department then do not check – inform a supervisor who will document and initiate checks on your behalf without you being present.”